Ezel / Agency Decisions / WEVA 84-252-D

Consolidation Coal Company (ALJ decision, August 30, 1985)

Consolidation Coal Company (FMSHRC WEVA 84-252-D): Discrimination complaint dismissed for failure to respond

Decision type
ALJ decision
Docket
WEVA 84-252-D
Decided
August 30, 1985
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-27
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1985
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Chester W. Craig filed a Mine Act discrimination complaint against Consolidation Coal Company. The Commission ordered him to provide information about the complaint within 30 days or show good cause for not doing so. The order was delivered by certified mail, but Craig did not respond. Judge Paul Merlin dismissed the complaint.

Decision snapshot

  • Cited provision(s): 30 U.S.C. § 815(c)
  • Outcome: The discrimination complaint was dismissed because the complainant did not provide the required information or show good cause.
  • Key point: Failure to respond to an order requiring information about a discrimination complaint can result in dismissal.

Full text (FMSHRC public release)

CCASE:
CHESTER W. CRAIG, v. CONSOLIDATION COAL DDATE: 19850830 TTEXT:

Page 2

~1322
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

CHESTER W. CRAIG,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 84-252-D

CONSOLIDATION COAL COMPANY,
MORG CD 84-8
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Merlin

On June 13, 1984, you filed with this Commission a complaint of discrimination under section 105(c) of the Federal Mine Safety and Health Act of 1977. On January 23, 1985 you were ordered to provide within 30 days certain information concerning your complaint, or show good cause for your failure to do so. Our records show that you received this order by certified mail on January 26, 1985. However, you never responded to the order.

Because you have failed to provide the required information or show cause why you did not, your complaint is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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